A bill was entered into the Pennsylvania legislature in 2017, House Bill 1215, which would introduce into the support and alimony pendente lite (APL) guidelines the concept of reasonable needs and exceptions. The current guidelines, promulgated by the state, require that the guidelines “place primary emphasis on the net incomes and earning capacities of the parties.”

Pennsylvania guidelines are based on a model of net income. Net income is gross income less actual taxes paid. Does it include rental income, for example? After payment of legitimate expenses on the income? Is that an issue for determination in support or does that get deferred to equitable distribution? Should it?

The fact is that support guidelines are basically mandated by federal law, based on the Child Support Enforcement Amendments of 1984, 42 USCA 667, which required that all states adopt child support guidelines by Oct. 1, 1987. Pennsylvania Guidelines were ultimately established by the Supreme Court of Pennsylvania and became effective on Dec. 20, 1989. They are reviewed every four years and, often, the numbers change.